Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Takket

(21,568 posts)
Tue Feb 11, 2020, 05:59 PM Feb 2020

Doesn't this Stone move open the door for ANYONE convicted of similar crimes to appeal for dismissal

If I was a lawyer for anyone given a similar sentence for a similar crime I would seize upon this "admission" from DOJ that the sentencing guidelines are "unfair" as grounds that my client should be released as their sentence violates the 8th amendment (cruel and unusual punishment).

Isn't that a completely valid argument for a lawyer to make under these circumstances?

4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Doesn't this Stone move open the door for ANYONE convicted of similar crimes to appeal for dismissal (Original Post) Takket Feb 2020 OP
Seems like it could give Stone grounds to appeal if Judge Berman gives him several years wishstar Feb 2020 #1
proving you're a friend of trump is a high bar Cicada Feb 2020 #2
it isn't about drumpf......... Takket Feb 2020 #3
Is what Stone is convicted of even a crime anymore? gratuitous Feb 2020 #4

wishstar

(5,269 posts)
1. Seems like it could give Stone grounds to appeal if Judge Berman gives him several years
Tue Feb 11, 2020, 06:13 PM
Feb 2020

Judge Berman has been extremely careful in how she handled Stone's case by not being overly harsh despite his disrespectful shenanigans. I thought she gave him too many months from conviction to sentencing, allowing this scenario to unfold after Trump's impeachment acquital.

The refusal of the 3 prosecutors to go along with downward revision of sentencing recommendation helps mitigate likelihood of an appeal being successful as long as her sentence is not more than the low end of original recommendation.

Takket

(21,568 posts)
3. it isn't about drumpf.........
Tue Feb 11, 2020, 07:18 PM
Feb 2020

what i mean is............ let's say our imaginary criminal named Bob was tried and convicted in 2018, and given 7-9 years for basically the same crimes Stone committed... nothing to do with drumpf...... Bob is just some guy.

So Bob is sitting in prison now and today his lawyer turns on the TV and sees this, and the DOJ comes out and says "nah, 7-9 years is too harsh! Should be 1-2 for a crime like this.

Now if i'm Bob's lawyer I'm going to the courts and saying, HEY! Wait a minute! The DOJ is saying the sentence my client got is unfair. What about the 8th amendment? I think you should let my client go!

Isn't that a valid argument?

gratuitous

(82,849 posts)
4. Is what Stone is convicted of even a crime anymore?
Tue Feb 11, 2020, 08:23 PM
Feb 2020

I mean obstruction? Making false statements? Witness tampering? How can you call such routine business-as-usual exercises in subverting the country crimes? So unfair!

Latest Discussions»General Discussion»Doesn't this Stone move o...